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July 03, 2013

Changes and More to Come: Senate Confirms Two Commissioners for the Consumer Product Safety Commission

On June 27, 2013, by unanimous consent, the US Senate confirmed
President Obama’s nominees, Marietta Robinson (a Democrat) and former
Representative Ann Marie Buerkle (R-NY), to fill the two vacant seats on
the Consumer Product Safety Commission (CPSC). With these new
appointments, Democrats will retain control over CPSC, with three of the
five seats held by Democrats.

Commissioner Marietta S. Robinson, a Democrat, graduated from
the University of Michigan-Flint and UCLA’s School of Law. Ms. Robinson is a
Michigan trial attorney who has practiced law for over thirty-three years.
In addition to her legal experience, Ms. Robinson has served as a member of the
Judicial Advisory Committee for the Eastern District of Michigan, the Michigan
State Building Authority, and the Michigan State Bar
Representative Assembly. She served for eight years as the
federally appointed trustee of Dalkon Shield Trust, paying out over US$2.3
billion to women who used the contraceptive in more than 120 countries. Active
within Michigan politics, Robinson was a Democratic candidate for the
Michigan Supreme Court in 2000 and ran for the Democratic nomination for
Michigan Attorney General in 2002.

Commissioner Ann Marie Buerkle, a graduate of Le Moyne College
and Syracuse University School of Law, is a former Republican US
Representative of New York’s 25th Congressional District where she served
from 2011 to 2013. Prior to her election to Congress, Ms. Buerkle served twelve
years as an Assistant Attorney General for the state of New York and was in
private practice from 1994 to 1997. Ms. Buerkle began her career as a
registered nurse at Columbia-Presbyterian Hospital in New York City, and St.
Joseph’s Hospital in Syracuse. In 2011, she was selected by House Speaker John
Boehner and appointed by President Obama to serve as a United States
Representative to the 66th Session of the General Assembly of the United
Nations.

Looking ahead, CPSC is likely to face additional changes as other
Commissioners’ terms expire. Most significantly, Chairman Inez Tenenbaum’s term
ends in October 2013, and she has publicly stated that she asked President
Obama not to re-nominate her for another term. In addition, Republican
Commissioner Nancy Nord’s term ended in October 2012, and her one-year extension
expires in October 2013. Thus, it is possible that, as with the two most recent
appointments, another Democrat and Republican will be paired to secure Senate
confirmation. Finally, the term for the remaining seat, currently held by
Commissioner Adler, a Democrat, ends in October 2014. Senate Republicans may
then try to block efforts by President Obama to re-nominate Commissioner Adler
or nominate another Democrat to fill his seat, in hope of regaining the White
House in 2016. Republicans could then gain majority control of CPSC through
appointment of a Republican to replace Commissioner Adler.